Retirement Funds

I believe that this has more to do with how long the marriage was and how much was invested during the marriage than how quickly it becomes marital property. It can not be divided over 50% regardless and does not have to be distributed until the administrator can release funds without penalty. If you have only been married for one day I would say that your chances of having to split or claim 1/2 a retirement fund would be slim.

You begin to accumulate marital property on the day you are married. I am not sure if this answers your question or not.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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Is there a time requirement in marriage before funds from a future retirement become marital property or does the spouse have a claim in retirement funds one day after a marriage begins?